Alcatel Lucent SAS v Amazon Digital UK Limited & Ors

Alcatel Lucent SAS v Amazon Digital UK Limited & Ors

Amazon's claim for an interim licence under Nokia's RAND obligations has a real prospect of success in light of subsequent authority (Panasonic v Xiaomi), and factual distinctions are not material. Case management concerns do not justify refusal of permission to amend. Amazon is permitted to amend their Defence and Counterclaim and Particulars of Counterclaim to plead claims for an interim licence, subject to adjustment reflecting current terms.

Parties
Claimant/respondent: Alcatel Lucent SAS; Defendant/part 20 Claimant/appellant: Amazon Digital UK Limited; Defendant/part 20 Claimant/appellant: Amazon Europe Core SARL; Defendant/part 20 Claimant/appellant: Amazon EU SARL; Defendant/part 20 Claimant/appellant: Amazon.com, Inc; Defendant/part 20 Claimant/appellant: Amazon Media EU SARL; Part 20 Defendant/respondent: Nokia Corporation; Part 20 Defendant/respondent: Nokia Technologies OY
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Permission to Amend Defence and Counterclaim
Outcome
Appeal allowed; permission granted to Amazon to amend Defence and Counterclaim and Particulars of Counterclaim to plead claims for interim licence.
Legal Topics
Rand/frand Licensing, Patent Injunctions, Declaratory Relief, Specific Performance, Jurisdiction, Case Management
Intellectual Property Contract Law Civil Procedure Rand/frand Licensing Patent Injunctions Declaratory Relief Specific Performance Jurisdiction +1 more

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Parties

Alcatel Lucent SAS

Claimant/respondent

Amazon Digital UK Limited

Defendant/part 20 Claimant/appellant

Amazon Europe Core SARL

Defendant/part 20 Claimant/appellant

Amazon EU SARL

Defendant/part 20 Claimant/appellant

Amazon.com, Inc

Defendant/part 20 Claimant/appellant

Amazon Media EU SARL

Defendant/part 20 Claimant/appellant

Nokia Corporation

Part 20 Defendant/respondent

Nokia Technologies OY

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Permission to Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether Amazon should be permitted to amend their Defence and Counterclaim to plead claims for an interim licence under Nokia's RAND obligations
  2. 2 Whether a declaration and specific performance for an interim licence are available remedies under Swiss law
  3. 3 Whether the factual distinctions between this case and Panasonic v Xiaomi are material

Ratio Decidendi

Amazon's claim for an interim licence under Nokia's RAND obligations has a real prospect of success in light of subsequent authority (Panasonic v Xiaomi), and factual distinctions are not material. Case management concerns do not justify refusal of permission to amend. Amazon is permitted to amend their Defence and Counterclaim and Particulars of Counterclaim to plead claims for an interim licence, subject to adjustment reflecting current terms.

Court Disposition

Appeal allowed; permission granted to Amazon to amend Defence and Counterclaim and Particulars of Counterclaim to plead claims for interim licence.

Orders

  • Amazon granted permission to amend Defence and Counterclaim and Particulars of Counterclaim to plead claims for interim licence, subject to adjustment reflecting current terms.
  • Case remitted for further case management in Patents Court.